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Learned counsel for the petitioner submits that the bank account cannot be even
freezed under Section 102 Cr.P.C.
We find that the submission made by learned counsel for the petitioner is totally...misconceived, which fact is evident from plain reading of Section 102 Cr.P.C. as
well as from the law laid down by Hon'ble Supreme Court in the case of...Nevada
Properties Private Limited (supra), the controversy was whether the expression
'any property' used in Sub Section (1) of Section 102 Cr.P.C. would include
movable and immovable properties both...
...to the jurisdictional Magistrate as provided under Section 102(3) Cr.P.C.?
more specifically;
Does.... For the sake of completeness, it may be observed that Section 102 Cr.P.C. in its present form has been retained as is in the 2023 Code, which is scheduled to come into force on 1stJuly...
8. The Notes on Clauses appended to the 1978 Bill had set out the following reasons for inserting sub section (3) to Section 102 Cr.P.C...
...State Bank
of India Branch Agahwanpur, P.S. Civil Lines, Moradabad.
Learned standing counsel submits that some action under Section
102 Cr.P.C. appears to have been taken.
If it is so..., then the Senior Superintendent of Police shall inform the
petitioner within a week in this regard.
If the petitioner finds that action has been taken under Section 102
Cr.P.C., then remedy is...available to the petitioner under Section
102 Cr.P.C. itself to approach the concerned Magistrate. In the
event the power under Section 102 Cr.P.C. was not exercised by
the Investigating Officer o...
....
3. Section 102 Cr.P.C. is extracted below for reference:
“Section 102-Power of Police Officer to seize certain property
...provisions of sections 457and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.”
4. For the purpose of Section 102 Cr.P.C., the bank account...or the postal account of the accused or any of his relatives would be a “property” within the meaning of Section 102 Cr.P.C. and it is permissible to seize any amount or the account or to prohibit its...
...will indicate patent difference in the signature of the depositor. According to learned counsel, the provisions of Section 102 Cr.P.C, are not applicable to freeze the bank...1952 Assam 27Which either support or take a contra view to the proposition propounded by him, on the scope of Section 102. Cr.P.C3. The...have powers under Section 102 Cr.P.C to do what they have done in this case, and this petition is liable to be dismissed, devoid of merits.4. I have heard Mr...
...and freezing the bank accounts, which have no nexus to the criminal case, all with a hidden motive to destroy the Mutt.11. Section 102 of Cr.P.C, which is...Sri Shirur Mutt (Shirur Mutt Case) (1954 Supreme Court Reports 1005 = (1954) 67 L.W 1220).12. As regards the scope of Section 102 of Cr.P.C...accounts. Section 102, Cr.P.C, is applicable not only to corruption cases or economic offences, but also to all offences, the assets having some nexus to the crime. Large...
...money. It is stated that it is necessary to seize these properties during the investigation in accordance with the provisions of Section 102 Cr.P.C The District Magistrate...Investigating Officer, as according to him, the Police Officer, in the present case, has no power to seize/attach immovable property under Section 102(1) Cr.P.C5. Learned senior counsel...submits that a coordinate Bench of this Court had occasion to consider the scope and ambit of Section 102 Cr.P.C in the case of Brajesh Kumar Srivastava v. State of...
...to the learned Counsel for the Petitioners, the freezure of the Bank Account has not been immediately reported to the Magistrate. This is against Section 102(3), Cr.P.C So...Section 102, Cr.P.C It runs as under:“102. Power of police officer to seize certain property.— (1) Any Police Officer may seize any property which may be..., the Investigating Officer can seize it under Section 102, Cr.P.C by serving a Prohibitory Order on the Bank to freeze the Bank Account, prohibiting the (Accused)/account...
...petitioner and others were arrested on suspicion and a case under Section 41(1)(d) r/w. Section 102 Cr.P.C was filed. It was disclosed on interrogation made by the police that the...the offences under Sections 41(1)(d) read with Section 102 Cr.P.C no substantial case is made out against the petitioner. Having regard to the fact that no other cases are...Section 395 r/w. Section 34 IPC2. It is the case of the complainant that the mangalya chain of the complainant was snatched by 4 unknown persons who are the accused in this case. The...
...account for commission of the offence in Crime No.6/2018. The Police thereafter issued a notice under Section 102 Cr.P.C. to freeze the bank account of Petitioner No.1. Taking exception of freezing of the...Section
102 Cr.P.C. is in contravention of sub-Section (1) (3) of Section
102 Cr.P.C. He further submits that the a...Investigating Officer has rightly issued notice under Section 102 of Cr.P.C. and the same does not warrant any interference.
- 4...
...Station House Officer, Dundigal Police Station, Cyberabad, registered for the offence under Section 41(A) read with Section 102 Cr.P.C.
2. Heard learned counsel for the...petitioner-Accused No.1 and another, and in the column meant for Acts and Sections it is mentioned as 41(A) read with Section 102 of Cr.P.C.
4. According to the First...Section 41-A read with Section 102 Cr.P.C. Both Section 41-A and 102 are the procedures that has to be followed by the police and not of any offence.
7. For the reas...
...could have been done by having resort to provisions contained in Section 102 Cr.P.C. despite incorporation of Section 18-A in the Prevention of Corruption Act, 1988 by means of Act 16 of 2018 (w.e.f...the applicant inter-alia on the ground that the same could not have been freezed in exercise of power under Section 102 Cr.P.C. Since incorporation of Section 18-A Prevention of Corruption Act...Section 102 Cr.P.C. before the Court of Special Judge, CBI, West,
3
Lucknow. In the said application, Sri Sandeep...
...freezed the petitioner's bank account. Further, freezing of bank account has not been reported to the jurisdiction Magistrate as required under Section 102(3) Cr.P.C Thus...properties, the investigating officer has to follow certain procedures. That has been prescribed in section 102 Cr.P.C It runs as under:“102. Power of police...seizure thus, for the purpose of investigation, if it has some bearing on the crime reported, the investigating officer can seize it under section 102 Cr.P.C by serving a...
...)(Bom.)], a Full Bench of the Bombay High Court held that the requirement of reporting of freezing of bank account to the Magistrate prescribed under Section 102(3) Cr.P.C. is mandatory in nature....
41. In pursuing investigation under Section 102 Cr.P.C., the Code empowered the police officers to deprive a person of his properties. In this context, the phrase, “shall...” employed in Section 102(3) Cr.P.C, is held to be mandatory in nature. Violation of it goes to the root of the matter.
42. In...
...seeking to quash Annexure A1 FIR in Crime No.1044 of 2020 of Ramapuram Police Station, Kottayam District, registered under Section 102 of the Code of Criminal Procedure, 1973 (Cr.P.C...Ramapuram Police Station was registered against him under Section 102 of the Cr.P.C. This Crl.MC is filed by the petitioner inter alia, contending that the crime registered under Section 102 of the...only on receipt of information of a cognizable offence and that Section 102 Cr.P.C is not a cognizable offence. Section 102 pertains to the power of a police officer to seize certain property and it...
...means retention of possession of goods or a document which has been seized.16. Hence, while the police may have power to seize a passport under Section 102 Cr.P.C...if it is permissible within the authority given under Section 102 Cr.P.C, it does not have power to retain or impound the same, because that can only be done by the...Passport Authority under Section 10(3) of the Passports Act. Hence, if the police seized a passport (which it has power to do under Section 102 Cr.P.C...
...criminal
revision has been filed under Section 102 Cr.P.C. with an
application for condonation of delay and the fact that the appeal is
maintainable against the order passed by the learned J.J. Board...contained under
Section 101 Cr.P.C. and 102 Cr.P.C. of J.J. Act this criminal
revision is dismissed as withdrawn with direction to the revisionist
to file an appeal before the appropriate court with...under Section 101 Cr.P.C., therefore, he wants to file criminal
appeal, therefore, this criminal revision be dismissed as withdrawn
with an option to him to file a criminal appeal before the
appropriate...
...defreeze the accounts of the petitioner Muktaben which had been seized/debit-freezed by the concerned I.O. under Section 102 of the Code of Criminal Procedure, 1973 ("Cr.P.C") and dismissed the...stated that the IO had not applied his mind and had seized the six bank accounts on 23.2.2016, without following the mandatory due procedure laid down in Section 102 Cr.P.C.
5...mind that under Section 102 (3) of Cr.P.C., IO was required to inform forthwith the concerned Court after seizing the bank accounts which is a mandatory requirement of law and failure to do so would...
...failed to comply with the mandate under Section 102 Cr.P.C.
4. Learned Additional Public Prosecutor on instructions submitted that the account was freezed on...made by the learned Additional Public Prosecutor it is clear that the mandate under Section 102 Cr.P.C. has not been followed and the intimation regarding the freezing of account has not been given...respondent, in the course of investigation, wants to freeze the bank account of the petitioner, the mandatory requirements as provided under Section 102 Cr.P.C. shall be followed and shall be...
...CRI.L.J 148, whereby the Division Bench of this Court held that bank account can be attached by police in exercise of powers under Section 102 Cr.P.C and provisions of Section...compliance to any of the provisions of sub-section (1), (2) and (3) of Section 102 of Cr.P.C in this matter. Consequently, the petition is required to be allowed and the...Section 102 Cr.P.C shall report the seizure or attachment of account to the Magistrate concerned having jurisdiction. It is contended that this procedure was not complied with in the present case...